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In Re: Thomas L. Day,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
23-0239 W C
1860
7/23/26
7/24/26
Before; Michael A. Schwartz, Chair
David L. Reddecliff, Vice Chair
Paul E. Parsells
Robert P. Caruso
Emilia McKee Vassallo
Ronald N. Jumper, Jr.
This is a final adjudication of the State Ethics Commission.
FACSIMILE: 717-787-0806
WEBSITE: www.ethjcs.oa.gov
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding possible violation(s) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement
of its investigation, the Investigative Division served upon Respondent written notice of the
specific allegations. Upon completion of its investigation, the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer
was filed, and a hearing was held. Both parties fled written Closing Statements and Post -Hearing
Briefs. The record is now complete.
I. ALLEGATIONS:
That Thomas L. Day, Jr., a public employee in his capacity as Borough Manager and
Police Chief for Mount Holly Springs Borough, Cumberland County (`Borough"), violated
Sections 1103(a), I I04(a), and I I05(b) of the State Ethics Act (Act 93 of 1998):
(1) When he used the authority of his public position for the private pecuniary benefit
of a member of his immediate family when he hired his son prior to the approval
of Borough Council;
(2) When he used the authority of his public position for the private pecuniary benefit
of a member of his immediate family when he directed an increase to his son's
hourly rate without the approval of Borough Council;
(3) When he failed to file Statements of Financial Interests as the Borough
Manager/Police Chief for calendar years 2019 tluxough 2022; and
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(4) When he filed a deficient Statement of Financial Interests for calendar year 2023
by failing to provide responses to Block No. 5, Governmental Body, Box No, 7,
Year, and Box No. 10, Direct/Indirect Sources of Income.
11. FINDINGS:
A. Relevant Admitted Pleadings
1. Thomas L. Day, Jr. ("Day") has served as the Chief of the Mount Holly Springs Borough
(`Borough") Police Department since January 6, 2014, and began serving as the Borough
Manager in approximately 2016.
2. The Borough is governed by a mayor and a borough council. The borough council consists
of seven Members that are elected every four years, with staggered terms.
3. Jonathan Day ("J. Day") is the son of Day, and they reside together in the same family
dwelling in Gardners, Pennsylvania.
4. In terms of hiring Borough employees, candidate interviews can be conducted by the
Borough Manager, Borough Council Members, and the mayor, depending on applicability,
interest, and availability.
a. The Borough Manager is involved in all applicant interviews.
b. Borough Council approval is required for all personnel hirings.
i. Borough Council approval for new hires that begin employment prior to a
regularly scheduled Borough Council meeting should be reflected
retroactively in the following meeting's minutes.
The Borough Manager suggests wage rates for new hires to Borough Council for discussion
and approval.
a. Hourly rates for new hires are determined with consideration given to candidate
requests, competitive wage rates, affordability, the rate earned by the position's
predecessor, and sensitivity to senior members in the same role.
b. Wage discussions occur informally via in -person conversations, text messages,
telephone calls, and during executive sessions at Borough Council meetings.
Borough Council's approval of wage rates and salaries should be captured
in the Council meeting minutes.
6. Borough Council meetings are recorded.
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Meeting minutes are drafted by the Borough Secretary/Treasurer, and the taped
recordings of the meetings are destroyed after the minutes are created.
7. Wage increases and raises for Borough employees are determined and discussed with
Council Members during meetings in preparation of the annual budget. The Borough
Manager is part of this discussion.
a. All employee wage increases require Borough Council approval and should be
memorialized in meeting minutes.
b. Discussions begin with a suggested wage increase for each employee by the
Borough Manager with consideration given to affordability within the budget,
merit, and cost of living adjustments.
c. Employee wage rates from year to year are documented by the Borough
Secretary/Treasurer in chart form which includes employee name, position, full or
part-time status, hourly rate for the current year, and their anticipated pay rate for
the following year.
8. In or around the spring of 2021, the Borough sought to fill a vacancy in the maintenance
department for a part-time temporary laborer.
a. A social anedia post listed on the Borough's official Facebook page dated April 14,
2021, detailed the following: "The borough is seeking applications to fill the
position of part-time temporary laborer with our maintenance department.
Qualified applicants will be at least 21 years of age with a driver's license and must
be able to pass a criminal background check. Please submit applications to the
borough office at 200 Harman Street by May I" at 4:00 p.m. Applications can be
picked up at the borough office.
9. Borough records show that the Borough hired I Day on April 19, 2021, five days after the
Facebook job posting and twelve days prior to the application deadline.
10. Borough Council retroactively approved the hiring of J. Day at its meeting on May 10,
2021.
11. After being laid off from the temporary part-time position, J. Day returned to work for the
Borough in 2022 and continued to be paid $18.00 per hour throughout the remainder of
2022.
12. J. Day's wages were revisited in 2023 when he was appointed by Borough Council to the
position of Assistant Code Enforcement Officer at a pay rate of $20.50 per hour.
13. J. Day was terminated from Borough employment on July 29, 2024.
Day, 23-0239-C
Page 4
14. Day provided Statements of Financial Interests ("SFI") for calendar years 2021 and 2022
dated May 20, 2024.
a. On May 29, 2024, Day provided an amended SFI for calendar year 2023 correcting
several errors.
B. Testimony
1. Sara Jarrett -Eaton
15. Sara Jarrett -Eaton ("Jarrett -Eaton") is the Borough Manager for Souderton Borough in
Montgomery County, Pennsylvania, a position she has held for nearly two years.
a. Jarrett -Eaton was the Assistant Borough Manager for Emmaus Borough in Lehigh
County, Pennsylvania prior to her position with Souderton Borough.
16. Jarrett -Eaton was the Mount Holly Springs Borough Secretary/Treasurer from March 2017
to September 2021.
a. She worked closely with Thomas L. Day, Jr. ("Day") during her time with the
Borough and was considered his "right hand person."
i. She got to know him well and described him as a by -the -book person.
ii. Jarrett -Eaton noted that the Borough had a small staff and that Day often
assisted with such things as water main breaks and public park maintenance.
b. Her job duties included recording meeting minutes, handling accounts payable,
accounts receivable and payroll, performing administrative work, helping new hires
complete onboarding paperwork, and assisting Day.
i. She completed Jonathan Day's ("J. Day's") Employee Information Sheet
(Exhibit ID-2) when he was hired by the Borough.
ii. She also compiled a spreadsheet of employee salaries for the yearly budget
discussions (Exhibit ID-3) to track current rates of pay along with
anticipated employee pay rates/raises for the coming year.
iii. She identified Exhibit ID-4 as the May 10, 2021, Borough Council meeting
minutes that she drafted, which included the following:
Mrs. Boyles made a motion to hire Jonathan Day as a part-
time, temporary maintenance employee at a rate of $15.00
per hour retroactive to April 19, 2021. The motion was
seconded by Ms. Bowman and passed by unanimous vote.
Dom, 23-0239-C
Page 5
C. Jarrett -Eaton also assisted with advertising available positions with the Borough.
i. She would get the parameters of the hiring from the Borough Manager,
compose the advertisement, and then post the advertisement on the
Borough's website or social media or in the local newspaper.
ii. There was a vacancy for a part-time position in the Public Works
Department in March 2021, and Borough Council directed that the position
be advertised.
iii. The Borough did not receive any applicants for the position as a result of
the first advertisement.
iv. The position was advertised for a second time on the Borough's Facebook
page on April 4, 2021 (Exhibit ID-1), and J. Day was the only applicant.
d. One of Jarrett -Eaton's administrative tasks was collecting and storing employment
applications.
i. Jarrett -Eaton identified Exhibit ID-9 as an application completed by J. Day,
which she dated upon receipt from J. Day on April 14, 2021.
e. J. Day was hired around the time of a big Borough project, the Trine Park
rehabilitation project, and there were concerns that this federally funded project
may not be completed within the grant deadlines imposed.
17. Day, as Borough Manager, was generally present for all interviews of job applicants.
18. Borough Council Members also participated in job interviews and were responsible for the
hiring of individuals.
a. Borough Council was very involved in the day -today management of the Borough
and, as such, was aware of job vacancies.
b. Borough Council was responsible for awarding pay raises.
19. Jarrett -Eaton created a spreadsheet that tracked the Kling of Statements of Financial
Interests ("SFIs") by Borough officials and employees who were subject to the filing
requirements of the Ethics Act.
a. During her tenure with the Borough, Day always submitted his SFIs by the due
date.
2. Lois Stoner
Day, 23-0239-C
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20. Lois Stoner ("Stoner") is Vice President of Borough Council, where she has been a
Member since 2012.
a. She serves on the Administrative Committee and the Parks and Recreation
Committee.
i. The Administrative Committee handles hirings, checking, and the budget
before it is presented to the full Borough Council.
ii. The Parks and Recreation Committee takes care of the Borough parks.
iii. Day was instrumental in securing grants for the parks and for road and
bridge projects.
21. Stoner described Borough Council's role in the Borough as addressing citizen concerns,
ensuring public safety, deciding how Borough money is spent, and hiring and firing
Borough employees.
a. The Borough Manager brings job vacancies to the attention of Borough Council.
b. Borough Council works with the Borough Manager throughout the hiring process.
The Borough Manager drafts the job advertisement after which it is reviewed and
approved by Borough Council.
C. The fairing process generally begins with the Administrative Committee, which
consists of Borough Council President, Vice President, and Secretary, reviewing
applications and deciding who to interview for an open position.
d. After a candidate is selected by the Administrative Committee, the subject is
discussed by Borough Council as a whole during an executive session followed by
an official vote at a Borough Council meeting.
C. Borough Council decides on the rate of pay for new hires.
22. Borough Council learned in early 2021 that the individual who held a part -tinge summer
laborer position with the Borough would not be returning, so Borough Council directed
that the position be advertised.
a. No applications were received in response to the initial advertisement.
b. Due to the lack of available inmate/work release labor and the pending park project,
Day mentioned that his son might be interested in the job. Stoner asked about J.
Day's prior work experience.
Day,23-0239-C
Page 7
Borough Council directed the position be advertised on the Borough's Facebook
page a second time.
d. Stoner believes the normal hiring process was followed when hiring J. Day in April
2021 but noted that the general hiring process can change based on the number of
applicants.
23. Stoner identified Exhibit 1D-5 as a series of text messages between her and Day on April
14, 2021.
a. Communicating via text message with other Borough Council Members and the
Borough Manager is a common form of communication between therm.
b. Day advised Stoner that Jim Collins had given his approval to move forward with
hiring J. Day. Stoner had no reason to disbelieve Day because he never lied to her.
C. Stoner explained that hiring J. Day was important to her because of the deadlines
to complete the park renovation project and because both Public Works Department
employees were unable to work on the project because of injury or illness.
24. Stoner noted that all employees, with the occasional exception, get pay raises at the end of
each year during the budget process.
a. The Borough Manager does the initial budget and presents it to the Administrative
Committee. Potential pay raises are then discussed by the Administrative
Committee before being presented to Borough Council for approval at a meeting.
b. Pay raises are documented in the meeting minutes.
C. On one occasion, a Borough employee approached Council about a raise outside of
budget season because he had been offered more money to take a position with
another municipality. Borough Council agreed to increase his salary for retention
purposes.
3. Jonathan Day
25. Jonathan Day ("J. Day") is the son of Day and resides in the family home with his parents.
26. In the spring of 2021, J. Day was planning to return to work for Middlesex Township,
Pennsylvania where he had previously worked part-time in the summer.
a. Middlesex Township is approximately 15 miles from his home.
b. J. Day also had an offer from a local landlord to do property maintenance on several
rental properties.
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27. Day advised him the Borough was shorthanded and needed help and told him to put in an
application since he had experience doing the same type of work for Middlesex Township.
28. J. Day completed an application and submitted it to the Borough.
a. He did not recall the time period between the submission of his application to the
date he started working for the Borough.
b. He did not recall who intei viewed him or who informed him that he was hired.
c. Jarrett -Eaton completed his onboarding paperwork with the Borough.
29. J. Day and two full-time employees worked in the Public Works Department and spent the
majority of the summer working on the Trine Park project.
a. The project was such a large undertaking that the Borough had to bring in
volunteers to finish the project on time.
30. After finishing the Trine Park project and completing a large project involving the
assembly and delivery of new trash receptacles to Borough residents, J. Day was laid off
by the Borough in January 2022.
a. He completed a semester of college after being laid off by the Borough.
31. J. Day planned to work full-time for Middlesex Township beginning in the spring of 2022;
however, he decided to return to the Borough full-time since they were willing to closely
match his salary at Middlesex Township and because the commute was shorter.
a. He spoke with Stoner and Day about whether the Borough was willing to offer him
a salary close to that which had been offered by Middlesex Township.
32. In April or May 2022, J. Day received a $2.00 per hour pay increase to return to work for
the Borough.
33. J. Day was terminated from his employment at the Borough in 2024.
4. James J. Collins, II
34, James J. Collins, II ("Collins") served on Borough Council for 43 years.
a. He served as Borough Council President from 1993 to 2023, during which he
served on various committees, including the Administrative and Finance
Committee.
35. Borough Council has final approval when it comes to hiring and firing employees and the
rate of pay for each employee.
Day, 23-0239-C
Page 9
a. After being apprised of job vacancies, Borough Council instructs the Borough
Manager to advertise for job openings.
b. Generally, the Borough Manager and a Member of Borough Council would conduct
interviews and then bring their hiring recommendations to the full Council for final
approval.
C. All paper applications and letters of interest are made available for Borough
Council to review at a Council meeting before a final decision is made.
36. Collins recalled an opening for a part-time Public Works Department employee at a time
when the Borough was embarking on some major projects during the summer for which
help was needed.
a. Initially there were no applicants to fill the vacancy.
b. Borough Council instructed Day to readvertise the part-time position.
37. Although he did not specifically recall calling Day and instructing him to hire J. Day,
Collins did remember having a conversation with Day about hiring J. Day after being
advised that one of the two full-time Public Works Department employees had badly
injured his knee or back.
a. Collins agreed that J. Day was hired before the deadline for submission of
applications after the second posting but agreed that had other applications come in
then those applicants would have been considered.
38, Borough Council voted to approve J. Day's hiring in May retroactive to April when lie
began his employment with the Borough.
a. Collins voted in favor of hiring J. Day.
39. Raises were based on merit and were determined at budget time each year, although there
have been tunes outside the budget process where employees received increases in pay.
S. Michael Garrett
40. Michael Garrett ("Garrett") is the Eastern Regional Director of Investigations for the
Pennsylvania State Ethics Commission.
a. Garrett was involved in the Investigative Division's investigation of Day.
b. During the course of the investigation, Garrett obtained various Statements of
Financial Interests ("SFIs") completed by Day.
Day, 23-0239-C
Page 10
C. Exhibit ID-6 is an SFI for calendar year 2021, and Exhibit ID-7 is an SFI for
calendar year 2022, both of which were completed by Day on May 20, 2024.
i. Garrett noted that he was unable to locate Day's 2021 and 2022 calendar
year SFIs in the Borough office. Day completed Exhibits ID-6 and ID-7
after being informed that his SFIs for those calendar years were not on file.
d. Exhibit ID-8 is an SFI for calendar year 2023, which was filed by Day on January
8, 2024.
i. The SFI that Day initially filed for calendar year 2023 failed to provide
responses to Block No. S, Governmental Body, and Block No. 10,
Direct/Indirect Sources of Income.
ii. After being advised of these deficiencies, Day subsequently corrected the
deficiencies in his 2023 calendar year SFI to bring himself into compliance
with the filing requirements.
e. Garrett was able to locate Day's completed SFCs for calendar years 2019 and 2020,
f. As part of his investigation, Garrett interviewed Nanette Dusharm ("Dusharm"),
who was the Borough Secretary after Jarret-Eaton left the position.
i. Dusharm produced information from Borough files, including copies of
contracts and receipts involving Day.
6, Sherry Bolles
41, Sherry Boyles (`Boyles") is the President of Borough Council.
a. She has served on Borough Council for eight years.
42. Boyles has served on the Administrative and Finance Committee for most of her time on
Borough Council.
a. This Committee decides the Borough's yearly budget, including employee salaries
and raises.
b. The Committee considers cost -of -living and employee performance when deciding
on employee raises.
C. She identified Exhibit ID-3 as a document put together during the budget process
that includes each employee along with their rates of pay and suggested raises for
the upcoming year.
Dav, 23-0239-C
Page 11
d. There have been occasions when an employee has been given a raise outside of the
yearly budget process.
43. Boyles described the role of the Borough Manager as overseeing the day-to-day operations
of the Borough.
a. Day brings job vacancies to the attention of Borough Council since he manages the
Borough employees.
b. The initial hiring of J. Day in 2021 was one occasion that Borough Council did not
adhere to the application deadline because they had not received any other
applications despite two job postings and because they had an immediate need to
fill the position before the second deadline passed.
Once a candidate was selected, Day sought the approval of Borough Council to
make a conditional offer of employment to the candidate.
d. Boyles did not see J. Day's job application and did not sit in on an interview with
him primarily because other members of the Committee with a better understanding
of public works and the duties of the advertised position would do the interviews.
44. Borough Council is responsible for hiring and firing Borough employees.
a. She voted to approve the hiring of J. Day in April 2021.
b. J. Day returned to college and was laid off by the Borough in the winter of 2022.
In or around May 2022, J. Day was rehired by the Borough and was given a $2.00
per hour pay increase.
i. She believed that the increase was discussed in executive session and then
voted on in public session.
ii. She did not know why J. Day's hiring and pay increase were not reflected
in the Apri12022 meeting minutes other than to say that the meeting minutes
became increasingly vague, and it was something that was simply missed
in the minutes.
iii. Nanette Dusharm ("Dusharm") was responsible for taking and transcribing
the minutes for Borough Council meetings at the time of J. Day's rehiring.
a. There were issues with Dusharm's performance, including the
adequacy of meeting minutes.
b. Other issues with Dusharm's performance included trying to change
the Borough's electric carrier, multiple instances of falling for a
DDa y, 23-0239-C
Page 12
phishing scam involving employee payroll, and a large audit
discrepancy.
C. After being disciplined on one occasion, Dusharm's employment
was subsequently terminated.
d. Day never pressured her in any way to vote to hire J. Day or to give him a $2.00
per hour pay increase in 2022.
a. Day brought J. Day's availability to Borough Council's attention and noted
that he had prior experience doing work in a public works department.
b. She was not surprised to learn that J. Day's job application was dated April
14, 2021, and that his start date was April 19, 2021.
45. J. Day worked for the Borough for a few years until being terminated for performance
issues.
a. Day brought the performance issues to Borough Council's attention and
recommended that J. Day be terminated.
46. Boyles described Day as someone who gives of himself tirelessly by putting in Iong hours,
including nights and weekends, to ensure the best for the Borough and its community
members.
7. Gay Bowman
47. Gay Bowman ("Bowman") has been a Member of Borough Council for eight years.
a. She serves on the Finance Committee.
b. She was aware of the Borough's need for a part-time maintenance position in the
spring of 2021.
She learned from Day that J. Day had applied for the part-time position.
ii. She voted to approve the hiring of J. Day.
c. Bowman explained that if there was a decision to increase an individual's pay
outside of the normal budget process, then it would be discussed and voted on by
Borough Council.
d. Bowman and another Borough Council Member met with Borough Secretary
Dusharm and learned that files were being removed without authorization from the
Borough Office.
Day, 23-0239-C
Page 13
8. Thomas L. Day, Jr.
48. Thomas L. Day, Jr. ("Day") is employed by the Borough of Mount Holly Springs as Chief
of Police and Borough Manager.
a. He became Chief of Police in January 2014 after spending most of his career in law
enforcement.
b. He became the Borough Manager in 2016.
The Borough did not have a Manager prior to Day taking the position that
was offered to him by Borough Council after he brought several problematic
issues to Borough Council's attention, including paying insurance for a park
outside of its jurisdiction, paying workers' compensation insurance for an
ambulance company outside of its jurisdiction, and failing to negotiate its
electric bill.
ii. He oversees the day-to-day operations of the Borough, puts together a
budget for review and consideration by Borough Council, makes
recommendations for pay increases, searches for and obtains grant funding,
and negotiates utility rates for approval by Borough Council.
iii. Day's position as Borough Manager is supervised by Borough Council.
iv. There are eleven Borough employees.
C. Day puts together a proposed budget for the Borough, including employee salaries,
and then meets with the Administrative and Finance Committee to hash out the
details, after which the budget is presented to Borough Council as a whole to vote
on whether to accept the budget for advertising.
i. Borough Council receives proposed employee salaries for the following
year with the budget proposal.
ii. The Administrative and Finance Committee provides input on employee
salaries and raises, and a chart is prepared identifying each employee, their
current salary, and their proposed salary increase for the following year.
iii. Day is not involved in the payroll process at all and does not have authority
or access to adjust employee rates of pay.
d. There were two full-time Public Works Department employees in early 2021, both
of which were long-time employees with health issues.
i. There also was a temporary part-time summer help position.
Day, 23-0239-C
Page 14
ii. The Borough also used inmate labor to assist with park maintenance.
e. In early 2021, the Borough was preparing to complete an extensive rehabilitation
project on Trine Park.
f. The person who held the part-time maintenance position in the summer of 2020
declined an offer to return in the summer of 2021.
i. Borough Council instructed Day to advertise the part-time position,
ii. Despite posting flyers at area businesses, the Borough received no
applicants for the position.
g. Day advised Borough Council of the lack of applicants and indicated that he would
ask J. Day if he was interested in the job since he had done similar work for three
summers at a nearby township.
i. Borough Council was supportive of the idea, but one Member suggested
that the open position be readvertised on the Borough's Facebook page.
ii. Day readvertised the position by posting it on the Borough's Facebook page
shortly after the Borough Council meeting.
iii. Day did not supply J. Day with the application he completed and submitted
on April 14, 2021.
h. The same day that Day posted the job opening on the Borough's Facebook page,
he received word that one of the Borough's full-time Public Works Department
employees had injured his back and his knee and needed to be off work for an
unknown amount of time.
Day first contacted Lois Stoner since she was the liaison for the public
parks.
a. Day was admittedly frustrated at the delay of not being able to find
someone to fill the open position because it meant that he had to do
additional work, like mowing grass for the Borough in the evenings.
iL Day then spoke with the president of Borough Council, Jim Collins, who
instructed him to get J. Day on board since he was the only applicant, and
if any other applications came in, then they would deal with it at that time.
iii. J. Day began work at the Borough on April 19, 2021,
iv. No other applications were received for the part-time position.
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i. Borough Council meets the second Monday of each month, and the next meeting
following J. Day's starting date was held on May 10, 2021.
i. Borough Council formally approved J. Day's hiring retroactive to his start
date of April 19, 2021.
ii. J. Day's hourly rate of pay for 2021 was $15.00. It increased to $16.00 per
hour during the early part of 2022 while he completed a project involving
the Borough's new waste management provider.
j. The Trine Park project was a big project that was funded by federal funds, so Day
was concerned about the ability to finish the project after one of the Public Works
Department employees was injured and unable to work.
i. At the time the employces were working on the Trine Park project, they still
had all other job duties typically handled by the Public Works Department,
like water main breaks and the other parks in the Borough.
ii. Day identified Exhibit R-9 as a series of photographs showing the
progression of the Trine Park project,
k. When it came time to hire summer help in 2022, Day approached his son about
returning, just as he had approached the employee who held the job prior to J. Day.
i. J. Day advised that he would not return unless he received an increase in his
pay to $18.00 per hour.
ii. Day shared this information with Borough Council, and they voted to
approve J. Day's hiring at the rate of pay he requested. Although this vote
does not appear in the meeting minutes, Day specifically recalled the vote
taking place.
iii. Day recalled another circumstance of an employee receiving a pay raise
outside of budget season due to his completion of specialty certifications.
This pay raise also did not appear anywhere in the meeting minutes
identified as Exhibit R-3.
1. Day stated that he did not pressure Borough Council to hire J. Day or to give him a
$2.00 per hour pay raise in 2022.
M. Day later recommended to Borough Council that his son's employment be
terminated.
n. Day outlined numerous performance issues with former Borough Secretary Nanette
Dusharm, including:
DDa +, 23-0239-C
Page 16
i, Unilaterally modifying the paid time off for an employee;
ii. Attempting to change the Borough's electric contract without Borough
Council approval;
iii. Trying to deprive independent auditors of the ability to go online by
changing Quickbooks format to one in which she was more comfortable;
and
iv. Threatening not to pay for the auditors' services if they did not agree to the
change in Quickbooks format.
o. Day identified Exhibit R-17 as the Statements of Financial Interests ("SFI") he
completed for calendar years 2019 and 2020, which he submitted on time to the
Borough office.
P. Day admitted to failing to fully complete his SFI for calendar year 2023 inasmuch
as he failed to include the Borough as his employer in blocks 5 and 10.
i. Once the deficiency was brought to his attention by Investigator Garrett,
Day immediately corrected the two deficiencies.
ii. Day was advised that compliance was the goal of reviewing the SFIs.
q. Investigator Garrett also informed Day that there were four years for which his SFIs
could not be located in the Borough office.
Subsequently, two of the SFIs were located in unrelated files in the Borough
office.
ii. Day specifically recalled completing and submitting SFIs for calendar years
2021 and 2022. He does not know what happened to them once they were
submitted to the Borough office.
iii. He completed additional SFIs for calendar years 2021 and 2022 after being
advised that they were not located in the Borough's files.
r. Day is extremely involved with the Borough working long hours and doing
whatever is necessary to ensure the Borough is running smoothly, including a recent
20-hour day plowing and reproving snow.
i. The Borough recently received the 2025 Municipality of the Year award for
its efforts in improving flooding issues and restoring a major section of
roadway. Day identified Exhibit R-11 as the Cumberland County
Newsletter describing the Borough's award.
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Page 17
C. Exhibits
49. ID-1 is an April 14, 2021, Facebook post from Mount Holly Springs Borough ("Borough")
advertising an open position. The advertisement states as follows:
The borough is seeping applications to fill the position of part-time
temporary laborer with our maintenance department. Qualified
applicants will be at least 21 years of age with a drivers [sic] license
and must be able to pass a criminal background check. Please submit
applications to the borough office at 200 Harman Street by May 1"
at 4:00 pm. Applications can be picked up at the borough office.
50. ID-2 is an Employee Information Sheet for Jonathan Day ("J. Day") which indicates a date
of hire of April 19, 2021, at a rate of $15.00 per hour.
51. ID-3 is a series of Borough charts identifying each employee, their position, their current
rate of pay and their anticipated rate of pay for the following calendar year. In 2021, J. Day
worked in the "PT Maintenance" position and made $15.00 per hour, which increased to
$16.00 per hour the following year. J. Day's salary increased to $19.00 per hour later in
2022 and was raised to $20.50 in 2023 when he moved to the "Codes" position. His
anticipated rate of pay was $21.50 in 2024,
52. ID-4 consists of the minutes of the May 10, 2021, meeting of Borough Council. The
minutes contain the following regarding J. Day's hiring:
Mrs. Boyles made a motion to hire Jonathan Day as a part-time,
temporary maintenance employee at a rate of $15.00 per hour
retroactive to April 19, 2021. The motion was seconded by Ms.
Bowman and passed by unanimous vote.
The May 10, 2021, mecting minutes also contain information regarding two additional
hires and their respective rates of pay.
53. ID-5 is an April 14, 2021, text message exchange beginning at 5:18 p.m, between Day and
Lois Stoner ("Stoner") discussing the advertisement and readvertisement of the part-time
maintenance position, as well as the possibility of J. Day taking the position. The exchange
included the following:
Stoner: But if you already advertised why do it again just because Katie says?
Will Jonathan wait for us
Day: He has started to put resume [sic] out. Terry Rickert has already offered him
a job on maintenance with Matt. No problem. just thought [sic] kill two birds
with one stone. I guess the part of three years [sic] experience didn't matter
to Katie
Day,23-0239-C
Page 18
Stoner: I'm SICK
Day: Do t [sic] worry about it. Not a problem
Stoner: Just makes me angry. Can't wait till July
Later in the exchange, Day again tells Stoner the following:
Please don't worry about this. It is no big deal. He will have a job
quickly. I just thought it could be a good fit for the borough
At 8:49 p.m. that same day, the following text exchange occurred between Day and Stoner:
Day: Jim just called me and said hire Jonathan as temporary worker until we see
what applications comes [sic] in.
Stoner: Yessss. Let's do that. Please.
Day: He will start Monday [sic] we will be at shetters then the park.
Stoner: You just made my night Tom. Bless you
Day: Thanks
54. ID-6 is a completed Statement of Financial Interests ("SFI) for Day for calendar year 2021.
Day signed this document on May 20, 2024 and submitted it after being advised by
Investigator Garrett that his 2021 calendar year SFI could not be located in the Borough
office.
55. ID-7 is a completed SFI for Day for calendar year 2022. Day signed this document on May
20, 2024 and submitted it after being advised by Investigator Garrett that his 2022 calendar
year SFI could not be located in the Borough office.
56. ID-8 is a completed SFI for Day for calendar year 2023.1 Day signed this document on
January 8, 2024.
57. ID-9 is an employment application for J. Day dated April 14, 2021.
a. On this application, J. Day indicates that he learned of the available public works
position from a relative.
It is unclear from the testimony whether Exhibit 8 is the original corrected version of Day's SFI for calendar year
2023 or if this is a completely new SFI completed by Day after being notified of deficiencies in the original 2023
calendar year SFI.
MD , 23-0239-C
Page 19
b. On this application, J. Day notes his employment experience working in the
Highway Department of Middlesex Township from May 2027 to August 2020.
C. J. Day lists additional qualifications for the position as "Experience Running Heavy
Duty Equipment, Certification in Cumberland County to flag roads, and Preventive
Maintenance Work on equipment."
d. J. Day signed this application on April 19, 2021.
58. R-3 consists of the minutes of the January 3, 2022, meeting of Borough Council.
59. R-7 is a series of photographs showing the progression of the Trine Park rehabilitation
project.
60. R-11 is the Cumberland County Conservation District's Fall 2025 Newsletter which
recognized the Borough as the Center for Dirt and Gravel Road Studies' Municipality of
the Year Award for outstanding work on the Ridge Road project.
61. R-17 is a completed SFI for Day for calendar year 2019, which was signed by Day on
February 21, 2020.
62. R- 18 is a completed SFI for Day for calendar year 2020, which was signed by Day on
February 16, 2021.
D. Stipulations
50. The parties stipulated to the following;
a. Exhibits A through G of the Investigative Complaint/Findings Report are admitted.
b. The Investigative Division initiated a preliminary inquiry on March 18, 2024.
C. The Commission, through its Executive Director, initiated a full investigation on
May 17, 2024.
d. Allegations four through eleven, including the subsections with the exception of
l I (a), are admitted.
C. The aggregate amount received by J. Day as compensation during his entire period
of employment with the Borough is greater than a de minimis amount; however,
Day maintains that the $2.00 per hour increase in pay is de minimis.
III. DISCUSSION:
As Police Chief for Mount Holly Springs Borough, Cumberland County ("Borough"), from
January 6, 2014, to the present, and as Borough Manager for the Borough from 2016 to the present,
Day, 23-0239-C
Page 20
Respondent Thomas L. Day, Jr., ("Day") was a public employee subject to the provisions of the
Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa. C.S. § 1101 et seMt .
The allegations as set forth in the Investigative Complaint/Findings Report are that Day
violated Sections 1103(a), 1104(a), and 1105(b) of the Ethics Act:
(a) When he used the authority of his public position for the private pecuniary benefit
of a member of his immediate family when he hired his son prior to the approval
of Borough Council;
(b) When he used the authority of his public position for the private pecuniary benefit
of a member of his immediate family when he directed an increase to his son's
hourly rate without the approval of Borough Council;
(c) When he failed to file Statements of Financial Interests ("SFIs") as the Borough
Manager/Police Chief for calendar years 2019 through 2022; and
(d) When he filed a deficient SFI for calendar year 2023 by failing to provide responses
to Block No. 5, Governmental Entity; Box No. 7, Year; and Box No. 10,
Direct/indirect Sources of Income,
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict" or "conflict of interest" is defined in the Ethics Act as follows;
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information rcceived through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
Day, 23-0239-C
Page 21
member of his immediate family or a business with which he or a
member of his immediate family is associated.
"Authority of office or employment." The actual power
provided by law, the exercise of which is necessary to the
performance of duties and responsibilities unique to a particular
public office or position of public employment.
"Immediate family." A parent, spouse, child, brother or
sister.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," (i.e., the "de minimis exclusion" and the "class/subclass exclusion"), 65
Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from using the authority of public office/employment or confidential information
received by holding such a public position for the private pecuniary benefit of the public
official/public employee himself, any member of his immediate family, or a business with which
he or a member of his immediate family is associated. 65 Pa,C.S. § 1102.
Section 1104(a) of the Ethics Act provides that each public official/public employee must
file an SFI for the preceding calendar year, each year that he holds the position and the year after
he leaves it.
Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a
person required to file the SFI form must provide.
Section 1105(b)(1) of the Ethics Act requires the filer to disclose on the SFI his name,
address, and public position.
Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the
filer to disclose on the SFI the name and address of any direct or indirect source of income totaling
in the aggregate $1,300 or more.
We shall now summarize the relevant facts.
The Borough is governed by a mayor and a Borough Council. The Borough Council
consists of seven Members that are elected every four years, with staggered terms. Day has been
the Borough's Police Chief since January 4, 2016, and the Borough Manager since 2016. Day's
duties as Borough Manager include overseeing the day-to-day operations of the Borough and its
employees, putting together a budget for review and consideration by Borough Council, making
recommendations for rates of pay and pay increases, searching for and obtaining grant funding,
and negotiating utility rates for approval by Borough Council. Day is supervised by Borough
Council, while Day oversees the eleven Borough employees. Borough Council is responsible for
hiring all Borough employees.
Day, 23-0239-C
Page 22
Regardiniz the Hiring of Jonathan Day
For several years, the Borough employed a part-time employee in the summer months to
assist its Public Works Department. The individual who held the position in 2020 decided not to
return in 2021, so Borough Council instructed Day to advertise the available part-time position.
Day complied with this request and advertised the position. No applications were received in
response to the initial advertisement. The lack of applicants was of great concern to Borough
Council Members and Day because of a large renovation project scheduled to take place at Trine
Park. The Borough had received federal funds for the project, and as such, the Members were
concerned that the project would not be completed by the deadline imposed by the federal
government.
Due to these concerns, Day advised Borough Council that he could ask his son, Jonathan
Day ("J. Day"), if he was interested in the job since he had done similar work for three summers
at a nearby township. One of the Borough Council Members asked that the position be
readvertised, which Day did by posting the job opening on the Borough's Facebook page on April
14, 2021. The deadline for submitting applications was May 1, 2021. J. Day completed an
application on April 14, 2021. No other applications had been submitted at that time.
On the same day that Day readvertised the part-time position, Day received word that one
of the Borough's two Rill -time Public Works Department employees had injured his back and his
knee and needed to be off work for an unknown amount of time. Day was concerned about the
ability to finish the Trine Park project on time after one of the Public Works Department employees
was injured and unable to work. Day first contacted Borough Council Member Lois Stoner
("Stoner") since she was the liaison for the Borough's public parks. She was admittedly upset at
the thought of the federally funded project not getting finished on time. Day then spoke with then
Borough Council President, Jinn Collins ("Collins"), about the injury to the Borough employee.
Collins directed Day to get J. Day on board since he was the only applicant, and if any other
applications came in, then they would deal with it at that time. No other applications were ever
received. J. Day began working for the Borough on April 19, 2021.
Borough Council meets the second Monday of each month, and the next meeting following
J. Day's starting date was held on May 10, 2021. At that time, Borough Council voted unanimously
to hire J. Day as a part-time maintenance employee retroactive to April 19, 2021. The May 10,
2021, meeting minutes confirm the unanimous vote to hire J. Day.
Wage increases and raises for Borough employees are determined and discussed with
Council Members primarily during meetings in preparation of the annual budget. The Borough
Manager is part of this discussion. Discussions begin with a suggested wage increase for each
employee by the Borough Manager with consideration given to affordability within the budget,
merit, and cost of living adjustments. Employee wage rates from year to year are documented by
the Borough Secretary/Treasurer in chart form which includes employee name, position, Rill or
part-time status, hourly rate for the current year, and their anticipated pay rate for the following
year.
Day, 23-0239-C
Page 23
As part of the 2022 budget process, Borough Council approved a rate of pay of $16.00 per
hour for J. Day's position in 2022. J. Day worked for the Borough until the completion of a project
related to the Borough's new waste management company in January 2022, after which he was
laid off from the temporary position.
Reizardina J. Day's Rehiring with a Pay Increase
When it came time to hire summer help in 2022, Day approached his son about returning,
just as he had approached the employees who held the summer job prior to his son. J. Day advised
that he would not consider returning to the job unless he received a $2.00 per hour increase in his
pay to $18.00 per hour. J. Day's rationale for the proposed increase was that he worked 40+ hours
per week and did not receive holiday pay, paid time off, or healih benefits. Instead, J. Day planned
to work full-time for Middlesex Township beginning in the spring of 2022. In addition to his father,
J. Day also discussed a proposed increase in salary with Stoner, a Borough Council Member with
whom he had a good relationship.
Day shared this information with Borough Council, along with J. Day's desire to return to
work for the Borough. Borough Council discussed the matter and voted to approve J. Day's hiring
at a rate of $18.00 per hour. Although the vote does not appear in the meeting minutes, both Day
and Borough Council President Sherry Boyles recalled Borough Council's discussion about
rehiring J. Day at a $2.00 increase in hourly pay. Notably, there were issues with the quality of
meeting minutes during this timeframe. The Borough Secretary responsible for taking and
transcribing the minutes for Borough Council meetings at the time of J. Day's rehiring was
subsequently terminated for performance issues, including inadequate meeting minutes.
Not all pay increases occurred during budget discussions. There have been times outside
the budget process where employees received increases in pay. On one occasion, a Borough
employee approached Council about a raise outside of budget season because he had been offered
more money to take a position with another municipality. Borough Council agreed to increase this
employee's salary for retention purposes.
Following his return to work, J. Day continued to be paid $18.00 per hour throughout the
remainder of 2022. J. Day's wages were revisited in 2023 when he was appointed by Borough
Council to the position of Assistant Code Enforcement Officer at a pay rate of $20.50 per hour. J.
Day was terminated from Borough employment on July 29, 2024. Day was the one who
recommended J. Day's employment be terminated.
Regarding Day's Statements of Financial Interests ("SFIs")
During the investigation, Day was informed that four of his SFIs could not be located at
the Borough office. This was a surprise to Day because he specifically recalled submitting the SFIs
in question, Sara Jarrett -Eaton ("Jarrett -Eaton") confirmed that Day always submitted his SFIs by
the due date during her tenure as Borough Secretary from March 2017 to September 2021. In fact,
Jarrett -Eaton created a spreadsheet that tracked the filing of SFIs by Borough officials and
employees who were subject to the filing requirements of the Ethics Act.
pDa , 23-0239-C
Page 24
Subsequently, two of the SFIs were located in unrelated files in the Borough office;
however, the SFIs for calendar years 2021 and 2022 still could not be located even though Day
recalled submitting them to the Borough Secretary. After being informed that the Commission's
goal was compliance, Day completed new SFIs for calendar years 2021 and 2022 on May 20,
2024. Day readily admitted to failing to fully complete his SFI for calendar year 2023 inasmuch
as he failed to include the Borough as his employer and as a source of income in blocks 5 and 10,
respectively. Once the deficiency was brought to his attention, Day immediately corrected the two
deficiencies.
Having summarized the relevant facts, we must now determine whether the actions of Day
violated Sections 1103(a), 1104(a), or 1105(b) of the Ethics Act, 65 Pa.C.S. §§ 1103(a), 1104(a),
and 1105(b).
As we apply the facts to the allegations, due process requires that we not depart from the
allegations. See Pennsy v. Department of State, 594 A.2d 845 (Pa. Cmwlth. 1991). A violation of
the Ethics Act must be based upon clear and convincing proof See 65 Pa.C.S. § 1108(g). Clear
and convincing proof is "so `clear, direct, weighty, and convincing as to enable the trier of fact to
come to a clear conviction, without hesitance, of the truth of the precise facts in issue."' In Re:
Charles E.D.M., 550 Pa, 595, 601, 708 A.2d 88, 91 (1998) (Citation omitted).
Per the Pennsylvania Supreme Court's decision in Kistler v. State Ethics Commission, 610
Pa. 516, 22 A.3d 223 (2011), in order to violate Section 1103(a) of the Ethics Act, a public
official/public employee:
... must act in such a way as to put his [office/public position] to the
purpose of obtaining for himself a private pecuniary benefit. Such
directed action implies awareness on the part of the [public
official/public employee] of the potential pecuniary benefit as well
as the motivation to obtain that benefit for himself.
Kistler, supra, 610 Pa. at 523, 22 A.3d at 227. To violate Section 1103(a) ofthe Ethics Act, apublic
official/public employee "must be consciously aware of a private pecuniary benefit for himself,
his family, or his business, and then must take action in the form of one or more specific steps to
attain that benefit." Id., 610 Pa. at 528, 22 A.3d at 231.
In considering the first allegation in this matter, the operative inquiry is whether Day's
action of advising Borough Council that his son might be interested in the vacant position and the
text exchange between Day and Stoner constitute official acts such that an improper use of the
authority of his public position occurred.
We had occasion to examine a similar set of facts evaluating the use of authority of office
in Yoder, Order No. 1802. In that matter, Yoder, a township supervisor, indicated to those present
at a meeting of the Township Board of Supervisors that his wife might be interested in being hired
for a vacant township position. The following day, Yoder's wife contacted the township manager
to express her interest in the vacant position she learned about from her husband. She subsequently
submitted an application after meeting with the township manager. No official vote was taken by
Day, 23-0239-C
Page 25
the Board of Supervisors to approve Mrs. Yoder's hiring or rate of pay for the open position. The
township manager subsequently offered the open position to Yoder's wife. We concluded in Yoder
that there was insufficient evidence to establish that Yoder, in his official capacity as a township
supervisor, engaged in discussions with the other township supervisors in an attempt to influence
them to hire his wife beyond the statement that she might be interested in the vacant position.
Here, like Yoder, we have a similar situation in which Day mentioned to Borough Council
Members that he could ask his son whether he was interested in filling a part-time summer position
for which the Borough had received no applications despite advertising the vacancy and for which
the person who previously held the job had declined to return. J. Day completed an application
shortly thereafter and Day was subsequently instructed by his supervisor, then Borough Council
President Jim Collins, to get J. Day on board after an employee in the Public Works Department
was unexpectedly sidelined due to injury. Borough Council later voted unanimously to hire J. Day
retroactive to his start date at its next scheduled meeting.
The Investigative Division likens this case to the Commission's decision in Sivick, Order
No. 1731-2.2 In the Sivick case, the Commission concluded that a township supervisor violated
Section 1103(a) of the Ethics Act by using the authority of his office as a township supervisor to
effectuate the elimination of the township's nepotism policy with the intent and for the purpose of
having his son hired and to influence his fellow township supervisors to then hire his son for a
township position. The Commission fiirther concluded that the township supervisor used the
authority of his office in that his access to and influence over the other township supervisors was
rooted in the power provided by law to his position as a township supervisor. None of those
circumstances exist here. In that regard, we simply do not have an individual with the same type
of authority, actions, and influence that occurred in the Sivick case.
It is also important to note the power imbalance between Borough Council and Day, which
differs greatly from that in Sivick. The Investigative Division is under the misapprehension that
Day had some type of influence over Borough Council since he was the Borough Manager. To the
contrary, it is Borough Council who yields the power over Day in a supervisory capacity with
control over the terms of his employment, including salary, and the ability to terminate Day's
employment.
Although it is undisputed that Day did state to Borough Council that he would ask his son
if he was interested in the position after the Borough failed to receive any applications and with
the Trine Park project looming, based upon the record before us, we cannot conclude that Day's
statement, standing alone, constituted an attempt by Day to use the authority of his office as
Borough Manager to effectuate his son's firing by the Borough. To that end, there is no evidence
that Day lobbied for the hiring of his son at the Borough Council meeting, gave his son the job
application, or otherwise attempted to influence Borough Council Members to hire his son.
The other evidence that must be evaluated as a potential improper official act resulting in
the hiring of Day's son is the text message exchange between Day and Stoner on April 14, 2021.
'Affirmed on appeal in Snick v. State Ethics Commission (Pa. Cmwlth., No. 307 C.D. 2021, tiled December 22,
2021) (unpublished memorandum).
p_ _ya , 23-0239-C
Page 26
While the Investigative Division places great weight on the text messages between Day and Stoner
as proof of an attempt to influence, we view these messages in a different light. These messages
when read as a whole are more akin to two individuals complaining about another Member of
Borough Council rather than an attempt to influence on the part of Day. In fact, it is obvious from
the text messages that Stoner already wanted to hire J. Day and did not need any convincing from
Day. It is also apparent that Day was not upset or concerned that one Borough Council Member
wanted to readvertise the vacancy rather than immediately hire J. Day. As he stated, "Please don't
worry about this. It is no big deal." Therefore, we conclude that this text message exchange was
not an improper use of the authority of Day's public employment as Borough Manager.
We determine that the Investigative Division has failed to sustain its burden of proving by
clear and convincing evidence that Day violated Section 1103(a) of the Ethics Act when he used
the authority of his public position for the private pecuniary benefit of a member of his immediate
family by hiring his son prior to the approval of Borough Council. Viewing the record in its
entirety, there is no persuasive evidence of record that Day took any official action as Borough
Manager in furtherance of the hiring of J. Day for the temporary part-time position with the
Borough for the summer of 2021.
Turning to the next allegation that Day violated Section 1103(a) of the Ethics Act by
directing an increase to his son's hourly rate of pay without the approval of Borough Council, this
once again requires us to evaluate the facts as they pertain to the use of authority of office. It is
undisputed from the testimony of record that Day did not direct an increase to his son's hourly rate
of pay without Borough Council approval. The testimony of Day and Borough Council President
Sherry Boyles establishes beyond any doubt that Borough Council voted and approved an increase
in J. Day's rate of pay to $18.00 per hour if he decided to return to Borough employment. We
certainly understand the Investigative Division's concern that there is no record of this approval
in the meeting minutes; however, this seems to be attributable to the individual taking the minutes
rather than a lack of approval of the pay increase.
Thus, the question becomes whether Day's transmittal of his son's desire for a $2.00 per
hour pay increase to Borough Council constitutes a use of authority of his public employment for
the private pecuniary benefit of a mernber of his immediate family. Day's job duties as Borough
Manager included presenting salary requests to Borough Council as only they can approve
increases to employee salaries. In this case, the salary request was from his son. There was no
evidence presented that Day lobbied for a raise for his son or advocated on his behalf, simply that
he passed along J. Day's request for a raise. Similar to our finding that Day's passing along of his
son's name as someone who may be able to fill a vacancy was not an improper use of authority of
his public position, we conclude that absent evidence of lobbying on behalf of his son, we cannot
conclude that relaying J. Day's salary request to Borough Council, as he did for other employees,
was an intent to obtain pecuniary gain for his son through the use of his public position. See, Kean
Staab v. State Ethics Commission, 348 A.3d 1257 (Pa. Cmwlth. 2025).
The next allegation concerns Day's Statements of Financial Interests ("SFIs").
Specifically, the Investigative Division alleges that Day failed to file SFIs for calendar years 2021
and 2022 in violation of Section 1104(a) of the Ethics Act. The initial allegation was that Day
failed to file SFIs for the four-year period of 2019 through 2022 because those SFIs could not
Day, 23-0239-C
Page 27
initially be located in the Borough office. However, Day's 2019 and 2020 SFIs were later located
in the Borough office in a file unrelated to Day's SFI filings.
As to the two remaining years, a review of the evidence in toto fails to support a finding
that Day failed to file SFIs for calendar years 2021 and 2022. First, Day credibly testified that lie
recalled completing his 2021 and 2022 calendar year SFIs and giving the completed forms to
Borough personnel. Jarrett -Eaton also provided persuasive testimony that Day filed his SFIs on
time during her entire tenure as Borough Secretary from March 2017 to September 2021. We find
it inconsistent and implausible that Day would suddenly stop filing SFIs for two years after many
years of compliance. Further supporting Day's claim that he filed his 2021 and 2022 calendar year
SFIs is the testimony concerning Nanette Dusharm's recordkeeping shortcomings, along with the
fact that two of Day's SFIs were initially missing only to be subsequently located later in the
Borough office. Taken altogether, we are compelled to conclude that the Investigative Division
has not proven by clear and convincing evidence that Day failed to file SFIs for calendar years
2021 and 2022 in violation of Section 1104(a) of the Ethics Act.
The remaining allegation is that Day violated Section I I05(b) of the Ethics Act when he
filed a deficient Statement of Financial Interests for calendar year 2023 by failing to provide
responses to BIock No, 5, Governmental Body, and Box No. 10, Direct/Indirect Sources of
Income.' Day concedes this violation but also notes that he immediately corrected the deficiencies
as soon as they were brought to his attention by Investigator Garrett. Day further argues that this
violation of the filing requirements was de minimis in nature and therefore, no penalty should be
assessed. However, there is no de minimis exception to the filing requirements. To hold differently
would be contrary to the underlying purpose of financial disclosure — transparency.
Day also argues that his SFI transgressions should be excused because any member of the
public seeking a copy of his SFI would know already that he was employed by the Borough and
received income as a result of his employment there. We disagree. The responsibility lies with the
filer, not the public, to identify and properly place the information on the SFI. Placing the burden
on the public belies the very purpose of public employees completing SFIs, which is to strengthen
the faith and confidence of the citizenry in its government and public employees and to easily
ensure that the financial interests of its public employees do not conflict with the public trust.
Accordingly, we hold that Day committed technical violations of Section 1105(b) of the
Ethics Act by failing to disclose his governmental body and his direct and indirect sources of
income on his SFI for calendar year 2023. Pursuant to Section 1109(f) of the Ethics Act, 65 Pa.C.S.
§ 1109(f), we shall impose a reduced civil penalty against Day in the amount of $150.00. While
certainly peculiar given his histoty of filing properly completed SFIs, the Commission does not
believe that there was any malintent on the part of Day when lie omitted this information from his
SFI; hence the reason we choose to impose a reduced civil penalty for these technical violations
rather than the maximum amount allowed by statute.
3 The Investigative Complaint/Findings Report alleged an additional deficiency in Day's 2023 calendar year SFI, i.e.,
that Box No. 7, Year, was left blank; However, the Investigative Division did not pursue this allegation or offer any
evidence in support thereof at the bearing.
Day, 23-0239-C
Page 28
IV. CONCLUSIONS OF LAW:
1. As Chief of the Mount Holly Springs Borough ("Borough") Police Department since
January 6, 2014, and as the Borough Manager since approximately 2016, Respondent
Thomas L. Day, Jr., ("Day") was a public employee subject to the provisions of the Public
Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
2. Day did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the
allegation that he used the authority of his public position as Borough Manager for the
private pecuniary benefit of a member of his immediate family when he hired his son prior
to the approval of Borough Council, based upon an insufficiency of evidence.
3. Day did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the
allegation that he used the authority of his public position as Borough Manager for the
private pecuniary benefit of a member of his immediate family when he directed an
increase to his son's hourly rate without the approval of Borough Council, based upon an
insufficiency of evidence.
4. Day did not violate Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), as to the
allegation that he failed to file Statements of Financial Interests as the Borough
Manager/Police Chief for calendar years 2019 through 2022, based upon an insufficiency
of evidence.
5. Day committed technical violations of Section 1105(b) of the Ethics Act, 65 Pa.C,S. §
1105(b), when he failed to disclose his governmental body and his direct and indirect
sources of income on his Statement of Financial Interest for calendar year 2023.
6. Notice of the deficiency of Day's Statement of Financial Interests for calendar year 2023
was previously sewed upon hire in accordance with Section 1107(5) of the Ethics Act, 65
Pa.C.S. § 1107(5).
7. Based upon the totality of the circumstances in this case, a reduced civil penalty in the
amount of $150.00 is warranted for the 2023 calendar year Day filed a deficient Statement
of Financial Interests.
In Re: Thomas L. Day, Jr., File Docket: 23-0239-C
Respondent Date Decided: 7/23/26
Date Mailed: 7/24/26
ORDER NO. 1860
Thomas L. Day, Jr. ("Day"), a public employee in his capacity as Borough Manager and
Police Chief for Mount Holly Springs Borough, Cumberland County ("Borough"), did not
violate Section 1103(a) of the Ethics Act, 65 Pa.C,S. § 1103(a), as to the allegation that he
used the authority of his public position as Borough Manager for the private pecuniary
benefit of a member of his immediate family when he hired his son prior to the approval
of Borough Council, based upon an insufficiency of evidence.
2. Day, a public employee in his capacity as Borough Manager and Police Chief, did not
violate Section 1103(a) of the Ethics Act, 65 Pa,C.S, § 1103(a), as to the allegation that he
used the authority of his public position as Borough Manager for the private pecuniary
benefit of a member of his immediate family when he directed an increase to his son's
hourly rate without the approval of Borough Council, based upon an insufficiency of
evidence.
3. Day, a public employee in his capacity as Borough Manager and Police Chief, did not
violate Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), as to the allegation that he
failed to file Statements of Financial Interests for calendar years 2019 through 2022, based
upon an insufficiency of evidence.
4. Technical violations of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred
when Day filed a deficient Statement of Financial Interests for calendar year 2023 by
failing to provide responses to Block No. 5, Governmental Body, and Box No. 10,
Direct/Indirect Sources of Income.
5. We hereby levy a civil penalty against Day in the total amount of $150.00 for the 2023
calendar year Day filed a deficient Statement of Financial Interests.
6. Day is ordered to make payment of the aforesaid civil penalty in the amount of $150.00 by
no later than the thirtieth (30'h) day after the mailing date of this Order, by forwarding to
this Commission a certified check or money order in the amount of $150.00 made payable
to the Commonwealth of Pennsylvania, for deposit in the State Treasury.
7. Day is directed to not accept any reimbursement, compensation, or other payment from the
Borough representing a full or partial reimbursement of the aforesaid civil penalty.
Day, 23-0239-C
Page 30
Non-compliance with Paragraph 5, b, or 7 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
A. Schwartz, Chair